New-York tribune., 1887-11-23
THE RIGHTS OF SETTLERS.
.1IAYING EXCITEMENT IN NEw-MEXICo.
.p GARLAND ANSWERS QUESTIONS PUT BY SEC
RETARY LAMAR


Mr. GARLAND ANSWERS QUESTIONS PUT BY SEC
RETARY LAMAR.
IBY TELEGRAPH TO THE TRIBUyE.1
U.sH1SGToN Nov. 22.-The settlers upon the Maxwell
rant are charging the officers of the Maxwell Land
Grant Company with having forged the following ieer'
WASHINGTON, d. c., Sept % 1887.
NJ P. PELLs esq, Denrer: COT, A.. ,,o,wo,, land grant
referred your communication as In every sther o
law OF land must be supreme Inc % ol 'no @
Toiysd therein is authoritative ana conclusive. INC
must be respected Pc . .s a or Sy false SS
tnasmmatory statements such as are made IN @ tne
hsniO submitted to me- atte%p & 70 h S ~ he
cer in land TO lawless force are the worst
s1eTt s1epteI act committed in pursuance Of s9ch
counsel will, Of course 90 be ,, visited t9no WITH
the ors. are done their redress be obtained
fhTonCh the peaceful methsd OF the iaw wnch Is Iuy
s| due alike TO the p.or ara ,rs the weak
the wealthy and the srSnS SaSdb w no, produce the
SasI' Sena,s@I' eect for which intended, and that
those in whose da.:Ijons far:T sn0 Of title viii not
a9eso 70 extend their rights to cases net determined
and generously with those who have mistakenly acted
upon Il" =" '~ GROVER CLEVELAND.
The attorney for the settlers in this city, McMans
eivss number of support the theory of for
eery Colonel Lamont, however at the White House to-
day asserted in the most positive manner that the letter
was genuine one and that 1t written by the Pres-
dent for the purpose Of allaying the excitement created
4, NewMeXIco by the recent decision OF the Supreme
Court.
Following Is summary OF an important opinion rela
tive the adjustment OF railroad land grants ander the
act Of March 3, 1887:
DEPARTMENT OF JUSTICE.
WASHINGTON, II. c., Nov. IL, lSSI.)
To the Seeretgry Of the Interior.
SIR: BY your letter of October 49, 1857. you submit
three questions for my opinion. They arise upon tho
construction Of sections 3. and of the OF the
Sd Of March, 1887. which. shown by its titlc
whole passed provide fer adjustment land
grants made by Congress- to aid in the construction Of
railroads and for the forfeiture OF unearned lands,
and for ether purposes" The first section OF the act
directs the adjustment Of the grants. The second sec
ton provides for the restoration Of title to the United
States lands have been errsneously certified
patented TO the railroads The third section is:
n the adjustment of said grants. shall appear that
homestead preempon entry OF any bona fe settler has
Withdrawal Of public lands from market each setter
toperect HI. entry by complying with The public snd
laws provided that he ma. not located another claim or
oae and provided also that he dd no! abandon
DO i to be- a9sGa az e 70 be M %
terror all such unclaimed lands shall be disposed of
s S s the na Of .. T OF % y.n G
there be no such purchaser then to bona ds settlers resd
ing thereon.
Tue question submitted under this section is:
OF
Three classes of persons provided for under this
section: First bona fde settlers whose homestead or
preeSption entre. have been erronsousy cancelled on
account Of railroad grant Withdrawals second bona
tide purchasers OF such unclaimed lands third bona de
settlers residing The rights Of the several
classes the lands referred to Ia the section are sue
sessve the order stated la the section. The first ia
right is the homestead presumption settler whose
try has been vrengtuy cancelled II lis elects to assert
his right and has not been disqualified by locating an
other claim making another entry n lieu of the entry
erronsou.y cancelled his right Is absolute and the sue
eesve rights Of the remaan two classes cannot at
tach II hs lawfully asserts claim If he fail to claim
the land. is disqualified under the act the
second class of who the bona hde purchasers
dence ever the third class The bona hde purchasers
here referred TO those who without Knowledge Of
wrepg srerrsr. have purchased from the railroad COM
pany Lands whch had been previously entered Oy pre-
emrtion homestead settler, whose entry had been
errspeousy cancelled
The second question submitted by youis:
Can the Department after ada,nsnt Of the grant by ho
o n @ & @ 10 @ by S the rS or tue
GS' only iSsnae be issued after
have been legally determined hs! the csreatOn or patent
The third question IS as follows:
S sscoH Of sad ae. orGyGf h1'
persons who @eelrei their intention become .aeh
same bsnr tSe re ,eoa IN its a aaT
ss o @ Sy pi ' % a4a
TOE FOR Ta9 ns s% thereof 1 from s
COMPANY to mako payment 10 the United
sad laud the Government price ;oT
ike lands and thcreupOn patents shah issue therefor 10 the
said bona hce purchaser. his heirs or assigns Tho que>
emitted under This ection is whether the provo last
above quoted confined IN Its apple ,on o. lands within me
granted limits whethc IL applies 10 lands within
The indemn limits OF which the company has made seec
ton. but which has not been approved 10 i'll
The first section OF the act III the use OF the word
Hgraut" must have necessarily included both the
primary ami indemnity limits in the adjustment. as 1t
doubtless intended that the adjustment should be
full and final one The intent OF the act shows that
70 carry out its purposes the word grant wherever
used in the second third and fourth sections must in
clude the lands in both primary ani indemnity limits, "a
each directly by necessary Implication refers to the
adjustment provided for in the frst section II is
not re Iurcd that the sale by the railroad company M
have been made It's part in good faith but ony That
the purchaser shall have bought in good faith That II
sold under claim of the grant 10 another In good
faith Is the ground OF his equity. In order that the
grant in the fifth section must nc construed to in
ele does the pIece ling sections OF the act both
primary and indemnity limits. Very respectfully,
A. III. GARLAND, Attorney General
Upon receipt of the opinion Secretary Lamar directed
the Commissioners OF the General Land Office TO proceed
once and with much dispatch as possible TO ADJUST
ell land grants under the Act OF March 3, 1887 His
Instructions the COMMISSIONS minute as 10 de-
tails and In accOrlance with the views or the
Attorney General as expressed in the foregoing